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HUMAN RIGHTS

Consti provisions
UN definition

CHR
CASE TITLE DOCTRINE FACTS
Casio vs CHR
Simon vs CHR
EPZA vs CHR
PBM vs CHR
Baldoza vs Dimaano
David vs Arroyo
Southern hemisphere vs Anti
terrorism
Ocampo vs enriquez
Govt of HK vs Olalia
Marcos Burial Case

II. Sources of Human Rights

West Germany vs Denmark North Sea Continental shelf


West Germany vs
Netherlands 1969

III. STATE RESPONSIBILITY

People vs Marti
Waterhouse Drug vs NLRC
Zulueta vs CA
Gamboa vs Chan
Oposa vs Factoran
LLDA vs CA
MMDA vs Concerned Citizens
In re Yamashita
David vs Arroyo

IV. CIVIL AND POLITICAL RIGHTS

People vs echegaray
Imbong vs ochoa
Basa vs WCC
Biscarra vs WCC
People vs Casio
People vs Cuizon
Valmonte vs De villa
People vs Bolanos
People vs Bason
People vs Ramos
Beltran vs Samson
Guanzon vs De villa
Ramirez vs CA
Ople vs Ruben torres
Marcos vs Manglapus
Villavicencio vs Lukban
Mejoff vs Director of Prisons

Ebralinag vs Division Sup. Of


Cebu
German vs Baangani
Eastern Broadcasting vs Dans
Burgos vs Chief of Staff
Sanidad vs COMELEC
Ayer vs Judge Capulong
Valmonte vs Belmonte
Francisco Chaves vs PCGG
Victoriano vs Elizalde Rope
Workers Union

STANDARDS OF REVIEW
Clear and present danger test Dangerous tendency test Balancing of interest test
LEVELS OF SCRUTINY
Rational basis test Intermediate scrutiny Strict scrutiny test
test

FACIAL CHALLENGE
Overbreadth Doctrine Void for Vagueness Doctrin

IV. JUDICIARY IN HR
Writ of Amparo Writ of Habeas Corpus Writ of Kalikasan Writ of Habeas Data
it is an extraordinary remedy
(when there is an environmental
damage that prejudices the life,
health or property of inhabitants
in 2 or more cities
Consent decree- judicially
approved settlement between
concerned parties based on
public interest & public policy to
protect and preserve the
environment

Continuing mandamus- writ


issued by a court in an
environmental case directing any
agency or instrumentality of the
government or officer to perform
an act or series of acts decreed by
final judgment which shall remain
effective

Precautionary principle- states


that when human activities lead ti
serious threats and irreversible
damage to the environment that
is scientifically plausible but
uncertain actions shall be taken
to avoid or diminish that threat

Strategic lawsuit against public


participation(SLAPP)- refers to an
action whether civil criminal or
admin brought against any
person institution or any
government agency or LGU or its
officials and employees with the
intent to harass vex exert undue
pressure or stifle any legal
recourse that such person
institution or government
agencies has taken or may take in
the enforcement of e-laws

Pleadings allowed and prohibited


Allowed: complaint,
answer(compusory counterclaim,
cross-claim)
Motion for intervention, motion
for discovery, motion for recon of
the judgment EXCEPTION: motion
for postponement, motion for
new trial and petition for relief
from judgment
Prohibited: motion to dismiss the
complaint, motion for bill of
particulars, motion for extension
of time to file pleadings except to
file answer (not to exceed 15
days)

Who may file a complaint:


Any real party in interest
including the government and
juridical entities authorized by
law
Citizen suit: any Filipino citizen in
representation of others
including minors or generations
yet unborn may file an action to
enforce rights or obligations
under environmental laws

Principles:
-Prohibition against the TRO and
Preliminary injunction: except the
SC no court can issue a TRO or
writ of preliminary injunction
against lawful actions of the
government agencies that
enforce environmental laws or
prevent violations thereof

-Service by Publication: is
deemed sufficient complaint with
the requirement of due process
but the plaintiff must file a
motion in order to avail this
mode of service

Referral to mediation- at the start


of the pre-trial conference it is
mandatory for the judge to refer
the parties to mediation *30 days
from the receipt of the referral to
mediation

Continuos trial- the judge shall


conduct continuous trial which
shall not exceed 2 months from
the date of the issuance of the
pre-trial order

Affidavits in lieu of direct


examination

One day examination of witness


rule-

SLAPP
-X files a compallaint against Y
(violator) and Y retaliates by filing
a complaint against X
-X is a witness in an
environmental case against Y and
the latter retaliates against X
-X, an environmental advocate
and a case is filed against him/her
by Y
-Prioritization on the hearing and
resolution of SLAPP is another
mode of expediting the
proceedings
-effect: the dismissal of the SLAPP
SUIT constitutes a res judicator
and a bar to the re-filing of the
case

Rodriguez vs Macapagal-
Arroyo
Sec of Natl Defense vs
Manalo
Balao vs GMA
Mison vs Gallegos
Roxas vs GMA
Gamboa vs Chan
Lee vs Ilagan

West Tower vs first PH


Industrial Corp.
International Service Agri-
Biotech vs GreenPeace 2015
International Service Agri-
Biotech vs GreenPeace 2016
Paje vs Casio
Boracay Foundation vs Aklan
Segovia vs Climate Change
Commission

VI. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

ECOSOC

Knights of rizal vs DMCI


Manila Prince Hotel vs GSIS
Magdalena State vs
Kapisanan ng mga
Manggagawa
Gold City vs NLRC
SSS vs CA 175 scra 686
PBM employees vs PBM steel

VII. SOLIDARITY RIGHTS

WRIT OF KALIKASAN CONTINUING MANDAMUS


against an unlawful act or omission of public official employee or directed against the unlawful neglect in the performance of an
private individual act which the law specifically enjoins as a duty
availed by representative (through CLASS SUIT or REAL PARTY IN availed by one who is personally aggrieved by the unlawful act
INTEREST)
natural or juridical person entity authorized by law on behalf of
person whose constitutional right is violated
Filed in the SC or CA
RTC, CA or SC
Does not Allow awards for damages allow awards for damages

Gamboa vs Chan
Oposa vs Factoran
LLDA vs CA
MMDA vs Concerned
Residents of Manila Bay

VIII. HR of VULNERABLE SECTOR

Republic vs Cagandahan

Ang Ladlad vs COMELEC


Cruz vs Secretary

IX RIGHT AGAINST TORTURE AND ENFORCED DISAPPEARANCE

WRIT OF HABEAS CORPUS WRIT OF AMPARO

Sec. of Natl Defense vs


Manalo
Razon vs Tagtiis
Rubrico vs Macapagal Arroyo
Boac vs Cadapan
Rodriguez vs Macapagal
Arroyo
Navia vs Pardico
Canlas vs Napico
Homeowners Association